Mayer Justice Court Notice to all Litigants Who are Filing a Civil Lawsuit
The Courts will abide by the Justice Court Rules of Civil Procedure (JCRCP) concerning who may represent the real party in interest, in any action filed in this Justice Court (This does not apply to Small Claims actions.).
Civil filing (up to $10,000.00) Filing Fees
The following procedures will be followed and shall apply to every named party in an action, whether a plaintiff, defendant, counter-claimant, counter-defendant, cross-claimant, cross-defendant and or third party.
- An Individual JCRCP 104(c). Named in a lawsuit, may represent his/her interest in court by:
- Appearing in person
- By an attorney appearing in Court for or with him/her
- A Corporation, named in a lawsuit, may be represented by:
- An attorney
- An Officer of the Corporation who:
- Has been specifically authorized to represent the corporation in Justice Court
- His primary duties to the corporation are other than representing the corporation’s interest in Court.
The corporation must be the original party to, or a first assignee of, a conditional sales contract, conveyance, transaction or occurrence which gave rise to the cause of action in Court. The assignment was not made for collection purpose. (Rules of Supreme Court 31 A4 C)
- A Partnership may sue and be sued in the name which it has assumed or be which it is known. Since all partners have equal rights in the management and conduct of the partnership business, then any one or all partners may be represented by:
- Appearing in person
- By attorney
Power of Attorney does not give a person a right to represent a party in Court.
Privilege to practice Supreme Court Rule 31(a)(3)
Except as hereinafter provided…no person shall practice law in this state or hold himself out as one who may practice law in this state unless he is an active member of the state bar…
Complaint and Summons:
A civil action is commenced by filing a complaint with the Court. If you are filing this by mail, please include a self-addressed stamped envelope.
Form of pleading JCRCP 108(a) (parties names)
“…shall include the names of all parties…”
Designation of Defendant JCRCP 110 (b)(1)
“…When the name of the Defendants is unknown to the Plaintiff, the Defendant may be designated in the pleadings or proceeding by any name. When the Defendant’s true name is discovered, the pleading or proceeding may be amended accordingly.”
Plaintiffs shall have Defendant(s) served a Complaint and Summons by the Constable or a private process server. Defendants shall have 20 calendar days from the date of service to file an answer. If the 20th day is a Saturday, Sunday or legal holiday, the time runs out at the end of the next working day. If you live outside of Arizona, you have 30 days to file your answer from the date of service.
If you fail to answer, Judgment may be entered against you as requested in the complaint.